Civil Justice System Flashcards
Why did L. Woolf criticised lawyers who withhold information?
Bcos it contributed to an adversarial culture.
Lawyers who refused to cooperate or disclose documents needed to be tackled and addressed
What did Henry L.J said in ‘Thermawear v Linton (1995)’ with regards to the judiciary?
A ‘more interventionist judiciary’
Solution to problems such as ‘delay n high costs that were disproportionate to the claim.’
How was the Civil Justice System prior to the Woolf reforms like?
Plagued with issues such as delays in litigation, resulting in stress and financial strain.
Financially subservient parties had little choice but to accept unfair settlements.
Statistics have shown that 90-95% settled due to immense pressure, I.e. fear of escalating legal costs due to delays.
What are the 3 issues identified by the Heilbron Hodge Report (1993) ?
Delays in litigation were endemic
Procedures were inflexible
Use of technology was scare
What are the problems the Interim Report 1993 identified?
3 main problems
Cost, delay and complexity.
Reasons?
Haphazard nature of litigations process
No clear judicial responsibility for managing cases individually and administration of the courts
Absence or rules, excessive expenses, disproportionate, unpredictable and unreasonable delays
In brief, what are the 4 measures implemented by the Woolf Reforms?
First
Standardised rules for both CC n HC. User friendly vocab
Second
Encouraged ADR and settlement
Thirdly
Judges now do case management.
Fourthly
Imposed sanctions and strike out
The Woolf reforms introduced standardisation of rules for both CC n HC with the exception of what kind of cases?
Insolvency
Family
Non-contentious probate proceedings
What are the 4 methods of ADR?
Arbitration
Mediation
Tribunals
Reconciliation
What are the benefits of the ADR method?
Faster
More effective
Save the parties the hassle of long and costly trial
What does Rule 1.4 of the new CPR says?
Courts are to play a more pro-active role in case management.
Sanctions such as cash penalties may be imposed by a procedural judge for non-compliance of orders n due dates
What technology have been implemented post Woolf?
Technology such as video and teleconferencing were implemented
Cases are now subject to a timetable coupled with a computerised diary monitoring system, resulting in fewer delays
What does the new CPR encourages in terms of ADR?
Parties are encouraged to settle instead of going to court
Parties are encouraged to cooperate w each other during proceedings
Encouraged sharing of information and details through close door hearings
What is the take away of the ‘Cowl’ case 2001?
L. Woolf refused permission for judicial review on grounds that the complainant had not exhausted internal complains procedures and had not tried out mediation
Take away for ‘Dunnett v Railtrack (2001)’ n ‘Hurst v Leeming (2002)?
Courts held that a party believing that it had a watertight case is not a good reason to refuse mediation.
What did the courts say about ADR in Helsey (2004)?
ADR is an important part of the legal aystem
How did the Woolf reforms changed litigants view of going to court?
Litigation or going to court is now seen as a last resort
What did Prof Michael Zander critique about the Woolf reforms?
Fundamentally flawed.
The cause is not due to the adversarial systems played by lawyers, but its due 7 different causes
Case management is suitable only for minority of cases. Judges do not have the time, skill or inclination to carry out such task
Judges do not know enough about the workings in the solicitor’s office to draw up suitable timetable
What is the difference in objectives between the Civil n Criminal Justice System?
Civil is compensatory in nature, seeking to restore parties to the position before actual loss / damage
Criminal is punitive in nature, focusing on crime control, the due processes and restorative / rehabilitative justice
